Premise Liability Amidst Shoppers' Wars

The 2011 Holiday shopping kicked off last Friday, November 25. This annual Black Friday event hosted by retailers and small businesses across the country resulted in record sales. According to the National Retail Foundation, a record number of 226 million shoppers hit stores and retailer websites over the Black Friday weekend in order to obtain bargains on big ticket merchandise. Unfortunately, there were reported acts of violence which occurred on the premises of local retailers throughout the country, causing serious personal injuries to consumers and raising concerns of premise liability.

According to CBSMiami.com, a 55-year-old North Carolina woman was shot in the foot during a robbery which occurred at 1:00 a.m. while in a parking lot located across from a  local Walmart store. Locally, Kissimee Police arrested a man after he became involved in a fight at a local Walmart jewelry counter. We all enjoy a good deal, especially during these hard economic times, but inflicting serious injury or bodily harm upon another in an attempt to obtain on sale merchandise just isn't acceptable. Not only is it a criminal offense to commit an act of assault or battery upon another without legal justification, but could also be the basis of a civil suit against the perpetrator, and a premise liability lawsuit for the retailer. 

Miami personal injury attorneys assist individuals who have been injured upon the premises of retailers and small businesses. Premise liability covers a broad range of accidents, injuries and harms involving situations  such as slip and fall, inadequate maintenance, inadequate security or defective conditions. Premise liability claims often result when the business owner or possessor of property breach the duty of care owed to its business invitees, for example customers. In order for the courts to impose liability, however, ordinarily there must be some form of relationship between the business owner or land possessor with the injured party.

Customers of retailers such as Walmart, Target and other small or national retailers are usually considered business invitees because they visit the premises in order to make purchases for products or merchandise the business sells, and which normally confer a monetary benefit upon the business owner.  Also, courts have imposed liability upon a landowner or occupier due to their failure to protect their customers from foreseeable injuries inflicted by third parties. Recently, a court upheld the fine imposed upon Walmart as a result of a 2008 Black Friday incident that resulted in the death of a shopper who was trampled during a stampede. This year, the giant retailer opened its doors to eager shoppers on Thanksgiving night in some communities throughout the nation.

As we move closer to the Christmas holiday, we can expect that retail stores will become flooded with shoppers as they rush to purchase last minute gifts for family and friends. While shopping and if you experience a slip and fall accident, or become injured as a result of a third party, you should contact a Miami personal injury lawyer who practices premise liability law and negligence. Since every premise liability cause of action will depend upon the circumstances, a personal injury lawyer can determine whether or not you have a legal claim. 

See Our Related Blog Posts:

​

​Homestead Plane Crash Probe Continues to Determine Cause​

​Dog Attack Shooting—Who Can You Blame

Florida Defamation Lawsuit

Despite months after the jury acquitted her of murder charges for her 2-year-old daughter Caylee, Casey Anthony’s legal troubles are far from over. In 2008, Zenaida Gonzalez filed a defamation lawsuit against Anthony, however, it was halted and has recently resumed. Gonzalez was recently deposed and portions of her video deposition have been released to the public. Anthony however has invoked her 5^th Amendment right against self- incrimination during her initial deposition. According to the Orlando Sentinel, Gonzalez has claimed Anthony ruined her reputation when she (Anthony) informed detectives that a babysitter with the same name kidnapped her daughter Caylee during the summer of 2008. In order for Gonzalez to win in her Florida defamation lawsuit, under Florida law, the plaintiff would need to establish the defendant made a false publication of a statement about the plaintiff which was published to a third party and as a result, the plaintiff was harmed.

Defamation is one of the areas of tort law which originated under the common law. Even with some modifications by the United States Supreme Court, for example First Amendment constitutional considerations, defamation under the common law are still relevant in today’s Florida tort law. Additionally, as being reported by the Orlando Sentinel, Gonzalez has professed she has experienced “emotional pain and suffering” that was caused by Anthony.

Whether or not Gonzalez succeeds in her defamation suit, will depend upon a number of factors. Also, she must prove that Anthony intentionally or negligently made the statement about her personally to the detectives. It may be challenging for Gonzalez to establish that Anthony identified her as the babysitter during Anthony's statements to the detectives. Moreover, in a defamation action, it is important to assess whether or not a false statement is libelous or slanderous. A Miami defamation attorney often works with clients who have had false statements which were published in a written (libel) or an oral (slander) manner. Usually, the issue of negligence becomes relevant when a defendant has communicated directly to the plaintiff, but some third party has overheard the communication.

Because defamation law is very complicated, it is always advantageous for a potential plaintiff to seek counsel of a Miami personal injury attorney.  There are many circumstances in which a defendant could be liable for making false statements about another, including in a workplace environment. For example, under Florida law, employers can be held liable for defamation, or defamation of character, by making a defamatory statement about a former employee during a background reference check. Similarly, individuals can be held liable for defamation when they repeat a statement which is defamatory.

Basically, defamation law works to protect an individual’s reputation and imposes civil penalties when that interest has become invaded. If you believed that you have been defamed, or your reputation has been attacked, or you have been injured because of a defamatory statement, speaking with an Miami defamation lawyer can help you understand your legal rights and all of the remedies which may be available.

See Our Related Blog Posts:

Long Wait In Emergency Room (ER) Leads To Amputation - And Potential Lawsuit?

Worker's Rights